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5.1. PCSR 06-26-2018 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.1 Agenda Section Public Hearings Meeting Date June 26, 2018 Prepared by Chris Leeseberg, Senior Planner Item Description First National Bank of Elk River (obo Color Sign Systems) – 19157 Freeport St. NW  Digital Sign, Case No. CU 18-07 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Recommend, by motion, approval of the Conditional Use Permit as the standards set forth in Section 30- 654 have been satisfied. Background/Discussion Case No. CU 18-07 The subject property is west of Highway 169 along the 190th Avenue alignment (see red dot on Figure 1). The property is zoned Planned Unit Development (PUD) where changeable copy signs larger than 30 square feet require a Conditional Use Permit (CUP). The property has a land use designation of Highway Business. A changeable copy sign is a sign or portion thereof with characters, letters or illusions that can be changed or rearranged mechanically (or digitally) without altering the face of the surface of the sign. The applicant is seeking a CUP to install a 60 square foot changeable copy sign on the existing drive-under canopy on the subject property. The bottom of the proposed sign is approximately 12 feet above the ground. Applicable Regulation In approving a Conditional Use Permit, the Council may impose such specific conditions with regard to the development or operation of the proposed use as it deems necessary to satisfy the seven standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-11 First National Bank of Elk River (Color Sign Systems)\4-Planning Commission\CU 18-11 sr PC 5-26-18.docx 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The sign is located about 150’ from the nearest commercial structure to the north. The sign is also positioned approximately 125 feet behind where a vehicle would be queued to make a right hand turn onto southbound Highway 169. It will not interfere with motorists making this right hand turn. With the standards set forth in Sec. 30-864 (e), the use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property has a land use designation of Highway Business. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. There is not vacant property surrounding the subject site. The changeable copy sign will not impede the normal and orderly development and improvement of that vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The sign will not create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. As stated in standard #1, the sign is positioned approximately 125 feet behind where a vehicle is queued to make a right hand turn onto southbound Highway 169. It will not interfere with motorists making this right hand turn. Staff does not see a need to impose specific conditions to satisfy this standard. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. As was stated in Standard #1, the sign is located about 150’ from the nearest commercial structure. With the standards set forth in Sec. 30-864 (e), the use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-11 First National Bank of Elk River (Color Sign Systems)\4-Planning Commission\CU 18-11 sr PC 5-26-18.docx Staff does not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As no new construction is being proposed, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60-day review period ends on July 28, 2018. If this item is not acted on during the June 26, 2018, Planning Commission meeting, a 60-day extension will be required. Council Meeting If acted on, this item will go to the July 16, 2018, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Sign Exhibits  Section 30-864 (e) I so 020 IInta Thi -4 75-545 120 fs- _- 10 +, 40011""11; I • is r.' L t. u ,<;Wj First National Bank Conditional Use Permit Case No: CU 18-11 *Ver a Sec. 30-864. - Changeable copy signs. (a) Unless otherwise specified by this subdivision, any changeable copy sign larger than 30 square feet will require a conditional use permit. (b) Changeable copy signs may only display advertising information for on-site businesses, public service announcements, or non-commercial copy. (c) Motor vehicle service stations. Signs for motor vehicle service stations shall be regulated by the provisions for the zoning district in which the facility is located, except t hat within a freestanding sign, an area not to exceed 16 square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of digital or non-digital changeable copy identifying current fuel prices, in accordance with Minn. Stats. § 239.751. (d) Time and temperature signs. Within all commercial and industrial zoning districts, an area not to exceed 16 square feet within a freestanding or wall sign shall be allo wed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. (e) Digital changeable copy signs. (1) In addition to subsections (a) and (b), the display must be static, a nd the transition from one static display to another must be no more than two seconds. The images and messages displayed must be complete in themselves and without continuation in content to the next image, message, or any other sign. (2) May not change more often than once every eight seconds. (3) Digital displays must be equipped with automatic dimming technology or other mechanisms that automatically adjust the signs illumination level based on ambient light conditions. (4) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle d river with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. (5) The display must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop a digital display when notified by the city that it is not complying with the standards of this ordinance. (Code 1982, § 900.22(3)(F); Ord. No. 07-10, § 1, 7-16-2007; Ord. No. 13-19, § 2, 12-16-2013) Editor's note— Section 2 of Ord. No. 13-19, adopted Dec. 16, 2013, changed the title of § 30- 864 from "Changeable copy" to "Changeable copy signs."